10-04-1990 Regular MeetingP~
eooK 14 .~~:-70
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS
HELD THE FOURTH DAY OF OCTOBER IN THE YEAR NINETEEN .HUNDRED NINETY
PRESENT: Henry H. Bradby, Chairman
Joel C. Bradshaw, Jr., Vice Chairman
Steven W. Edwards
Thomas L. Ross
Richard L. Turner
Also-Attending: H. Woodrow Crook, Jr,, County Attorney (arrived
at 2:30 P.M.)
Myles E. Standish, County Administrator
W. .Douglas Caskey, Assistant County
Administrator/Community Development
Chairman Bradby called the meeting to order at 2:00 P.M. •The
.invocation was delivered by Supervisor Turner.
//
1
Chairman Bradby called for. Transportation Matters.
MacFarland Neblett, Resident Engineer,-Virginia Department. of
Transportation, stated that construction on the bridge on Route 10
in Smithfield is scheduled for completion in approximately one
year; however, .other Isle of Wight projects may be delayed-due. to
recent budgetcuts on the State level.
Mr. Neblett presented three construction alternatives to the
construction of the Jones Creek Bridge on Route 704:
1) Removal of existing bridge and replacement with
new structure at a cost.. of $927,000.
2) Use .existing bridge while new one is
constructed; demolish old structure upon
completion of project at a cost of $1,070,000.
3) Construct bridge in two phases, utilizing
traffic light to controltraffic -f.low at a
cost of $1,.415,000.
Supervisor Turner recommended alternative number 3 not be
considered and encouraged support of alternative number 2.
Mr. Neblett indicated that the cast of the wetlands had not
been addressed because at this point it is unknown what the
agencies will require.
Supervisor Ross asked Mr. Neblett when that information would
be available.
Mr. Neblett stated it was still in the design process -and
would be available after the Board determines an alternative.
Supervisor Ros commented that the Board would need to know
this before a final decision could be made and that he concurred
with Supervisor Turner's recommendation of alternative 2.
Supervisor Turner moved the Board indicate its favor of the
second alternative as proposed. The. motion passed by unanimous
.vote (5-O).
Supervisor Bradshaw asked Mr. Neblett to loo~C into paving.
Route 647 from Central Hill back to Windsor.
Chairman Bradby called for citizens to speak with highway
.matters.
No one appeared.
1
~~ .. --- -
aaox 14 rti~ ~~~
//
Chairman Bradby called for a public hearing on the following
request:
The request of the Isle of Wight/Smithfield Chamber of
commerce to hold "Chamber Day" at Morgarts Beach FFA Camp
which is located on Route 673, in Hardy Magisterial
District, on Wednesday; October 17, 1990 from 2:30 P.M.
to 6:00 P.M.
Chairman Bradby called for citizens to speak in favor of the
request.
Fred Walls, President, Isle of Wight/Smithfield Chamber of
Commerce appeared requesting the Board's favorable consideration
of the request for a permit to hold "Chamber Day".
Supervisor Turner moved the Board .approve the request. The
motion passed by unanimous vote (5-0). '
Mr. Walls asked for the Board's consideration of waiving
permit fees for non-profit organizations.
Supervisor Turner replied that fees are necessary to cover the
cost of permitting processes.
County Attorney Crook arrived at 2:30 P.M.
Chairman Bradby called for a public hearing on the following
ordinance:
An Ordinance to Amend Section 10-1-4 Posting of Signs of
the Zoning Ordinance of Isle of Wight County
Chairman Bradby called for citizens to speak in favor.
No one appeared.
Chairman Bradby called for citizens to speak in opposition.
No one, appeared.
County Attorney Croak explained that the State law specifies
the requirements for advertising in newspapers for public hearings
for zonings and that the Planning Commission had recommended an
additional requirement of posting of a sign on the property to aide
people in finding the property. That this posting of a sign on the
property was not intended to be an additional legal requirement,.
but was only to aid people in locating the actual site in question.
He further stated that County Administration leave it to the
applicant to post the sign on the property. The sign might not be
posted and the County might-not be aware of it until after the
application has been granted. .Then, later, after the fact, someone
could petition the Courts to set aside the issuance of its permit
or granting of the re-zoning on the grounds the sign was not posted
on the property properly during the public hearing process. This
actually. happened in the Keusal vs. Isle of Wight County case.
Therefore, he as County Attorney, W. Douglas Caskey, Assistant
County Administrator/Community Development and the Planning
Commission were recommending this amendment to the Zoninq
ordinance.
Supervisor Edwards moved the Board approve the following
ordinance:
AN ORDINANCE TO AMEND
SECTION 10-1-4 POSTING OF SIGNS
OF-THE ZONING ORDINANCE OF
2
1
1
1.
.,
1
1
(1~ry
~O~IS ~~ =~r.~`~ f) d
ISLE OF WIGHT COUNTY
BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors
of Isle of Wight County, Virginia, that Section 10-1-4 of the
Zoning Ordinance of Isle of Wight County be amended to read as
follows.:
10-1-4: Posting of signs] responsibil.ity° contents In
addition to notice of public. hearings as required by the applicable
statutes of the Commonwealth of Virginia, the applicant for
rezoning of property, conditional use permits, variances and/or
special use. permits, shall erect on or immediately adjacent to such
property a sign or signs as specified herein giving public notice
of the zoning action requested. The wording, size and color of
such sign shall be as specified by the County Administrator and
approved by the Board of Supervisors. One (1) sign shall be
erected so as to be visible and legible to each abutting public
street. Where the property has extensive .road frontage, one (1)
sign shall be erected for each 500 feet of frontage. When a
property: has no frontage on a public street, it shall be posted
adjacent to the nearest public street from which future access is
contemplated. Such signs shall be erected not less than seven
calendar. days before any public hearing of which they give notice:'
and removed by the applicant .within two (2j days after the final- f
public hearing before action of the Board of Supervisors on said I
application.. Such signs shall be required for each public hearing ~~
at which the .application. is considered. It shall be unlawful for
any person to pull down, write on, cut or otherwise injure or
deface such public notice, which will constitute violation of this
Zoning Ordinance. The applicant shall be responsible for the
maintenance or replacement of signs obliterated or destroyed during
the. posting period. The County. Administrator may require the
applicant to deposit -with .the County a cash bond equal to the
replacement value of the sign(s).
This additional requirement for posting notice on-the property is
for the benefit of the public to identify the location of the
property in question only and is not a legal requirement of notice
and the failure to comply with the provisions herein shall not
defeat the action of the Board of Supervisors. concerning the.
application. The only legal notice requirements .are those provided
by the statutes of the Commonwealth of Virginia.
The motion to adopt said ordinance passed by unanimous vote
(5-0).
Chairman Bradby called for a public. hearing on the following
ordinance:
AN ORDINANCE TO AMEND
.THE ZONING ORDINANCE OF
ISLE OF WIGHT COUNTY TO ADD
PLACEMENT OF MANUFACTURED HOMES THAT;
ARE NINETEEN OR MORE FEET IN WIDTH
ON A PERMANENT FOUNDATION ON
INDIVIDUAL LOTS
Chairman Bradby called for citizens to speak in favor.
' No one .appeared.
Chairman Bradby called for citizens to speak in opposition..
No oneappeared.
County Attorney Crook explained this ordinance is a result of
a .change in statute by the General Assembly which provided that the
County. cannot place any requirements on the placement of
manufactured homes in agricultural districts if they are nineteen
feet in width on a permanent foundation on individual lots.
3
~ ,
Supervisor Turner. moved the Board approve the following
ordinance:
AN ORDINANCE TO AMEND
THE ZONING ORDINANCE OF
ISLE OF WIGHT COUNTY TO ADD
PLACEMENT OF MANUFACTURER HOMES THAT
ARE NINETEEN OR MORE FEET IN WIDTH
ON A PERMANENT FOUNDATION ON
INDIVLDUAL LOTS
BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors
of Isls of Wight County, Virginia, that the following Section be
added as 2-1-27 of Article 2, Agricultural, Limited, District A-
1, and as 3-1-46 of Article 3, Agricultural, General, District A-
2 of the Zoning Ordinance of Isle of Wight County:.
Manufactured houses that are nineteen or more feet in width
on a permanent foundation on individual lots subject to development
standards that are equivalent to those applicable to conventional
site-built single family dwellings. within this district.
The motion to adopt said ordinance passed by unanimous vote
(5-~)
Chairman Bradby called for a public hearing on the following
ordinance:
AN ORDINANCE TO AMEND
THE ZONING ORDINANCE OF ISLE OF-WIGHT
COUNTY TO PROVIDE FOR ADULT ENTERTAINMENT
USES AS REGULATED USES WITHIN THE
M-2 DISTRICT
Chairman Bradby called for citizens to speak in favor.
No one appeared.
Chairman Bradby called for citizens to speak in opposition.
No one appeared.
County Attorney Crook explained that this. ordinance was to
provide zoning regulations in an attempt to control location,
number and density of adult entertainment type businesses.
Supervisor Turner moved the Board approve the following
ordinance:
AN ORDINANCE TO AMEND
THE ZONING ORDINANCE OF ISLE OF WIGHT
COUNTY TO PROVIDE FOR ADULT ENTERTAINMENT
USES AS REGULATED USES WITHIN THE
M-2 DISTRICT
BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors
of Isle of Wight County, Virginia, that Article 8, Industrial,
General, District M-2 of the Zoning Ordinance of Isle- of Wight
County, Virginia, be amended by adding thereto the following:
8-1-24. Adult entertainment establishments as regulated uses
The following uses. are designated as regulated uses:
(1) Adult book stores;
(2) Adult mini-motion picture theater;.
(3) Adult motion picture theater;
(4) Cabaret;
(5) Massage parlors;
1
1
1
4
4t
~o~K 14 ~~to.-7~)9
I~
(6) Drug paraphernalia stores;
(7) Tattoo parlors.
i
Said uses are defined as follows:
A. Adult book store. An establishment .having a substantial
or significant portion of its stock-in-trade, books, magazines, and
other periodicals which are distinguished or characterized by their
emphasis on matter depicting., describing or ,related to "specified
sexual activities," or "specified anatomical areas," or an
.establishment .with a .segment or. .section devoted to the .sale or
display of such material..
8. Adult mini-motion picture theater. An enclosed building
-with a capacity for less than fifty persons used for presenting
material distinguished or characterized by an emphasis on matter
depicting, describing or related to "specified sexual activities"
or "specified anatomical areas" for observation by patrons therein.
C. Adult motion picture theater. An enclosed .building with
a capacity of fifty or more persons used for presenting. material
distinguished or characterized by an emphasis on matter-.depicting,
describing or relating to "specified sexual activities" or
"specified anatomical areas" for observation by patrons therein.
D. Cabaret. An adult club., restaurant, theater, hall or
similar place which features topless dancers, go-go dancers, exotic
dancers, strippers, male or female impersonators or .similar
t t i hibitin s ecified anatomical areas or performing
i .
1
en er a Hers ex g p
specified sexual activities.
E. ~ Specified anatomical areas.
(i) less than completely and opaquely covered
(aj Human genitals, pubic region;
(b~ Buttocks; and
(c) Female breasts below.a point immediately
above the top of the areola; and
(ii) Human male genitals in a discernable turgid. state,
even if completely and opaquely covered.
F. Specified sexual activities..
(i) Human genitals in a state of sexual stimulation or
arousal;
(ii) Acts. of-human masturbation, sexual intercourse or
sodomy;
(iii) .Fondling or other erotic touching of human genitals,
pubic region, buttocks or female breasts.
G. Massage parlors.. Any. place where manipulation of body.
tissues for remedial or hygienic purposes, or any other purpose is
conducted and the owners. and .employees do not currently hold a
valid physiotherapy license.
H. Drug paraphernalia stores. Any retail store selling
.paraphernalia commonly related to the use of any drug or narcotic
of which the sale, use or possession. of is subject to the
provisions of "The Drug Control Act," Title 54.i of the Code of
Virginia of 1950, as amended, including,-but nat. limited to, water
pipes, pipe "screens",'hashish pipes, "roach" clips, "coke" spoons,
"bongs", and cigarette rolling paper, except that. this shall not
be .deemed to include the sale of cigarette rolling paper by a store
that also sells .loose tobacco or the sale by prescription of
implements needed for the use of prescribed drugs or narcotics.
I. Tattoo parlors. Any place in which is offered or
practiced -the placing of designs, letters, scrolls, figures,
symbols or any other marks upon or under the skin of any person
with ink or any other. substance, resulting. in the. permanent
coloration of the skin- by the aid of needles or any other
instrument designed to touch or puncture the skin.
5
~aaoK 14 r~~~7~.0~
J. Prohibited conduct. No regulated use shall be permitted:
(a) Within one mile of any other existing regulated use;
and/or,
(b) Within one mile of any residentially zoned district,
or any of the following residentially related uses;
(1) Churches, monasteries, chapels, synagogues,
convents, rectories, religious article or religious
apparel stores;
(2) Schools, up to and including the twelfth (12th)
grade,, and their adjunct play areas;
(3) Public playgrounds, public swimming pools,
public parks and public libraries.
(c) For the purposes of this section, spacing distances
shall be measured as follows:
(1) From all property lines of any "regulated use"
in section (3)(a) through (b) above;.
(2) From the outward line of. boundary of all
.residential zoning district;
(3) From all property lines of any residentially-
related use.
(K) Signs and Other Visible Messages. All regulated uses
shall be permitted signs and visible messages based on the
allowable sign area of the zoning district in which they are
located; provided:
(a) Signs.
(1) Sign messages shall be limited to verbal
description of material or services available on the premises; and,
(2) ,Sign messages may not .include any graphic or
pictorial depiction of material or services available on the..
premises.
{b) Other Visible Messages.
(1) Messages which are visible or intended bo be
visible from outside the property (such as on or within doors or
windows) shall not display materials, items, publications,
pictures, films, or printed material available on the premises; or
pictures, films, or live presentation of persons performing or
services offered on the premises.
L. Discontinuance of Operation. Should any of the regulated
uses listed above cease or discontinue operation for a"period of
ninety or more consecutive days, it may not resume,. nor be replaced
by any other "regulated use" unless it complies with all the
requirements set forth above.
The motion to adopt said ordinance passed by unanimous vote
(5-0) .
//
Chairman Bradby called for Citizens Comments.
Thomas Fenderson, Newport District, appeared stating his
opposition to the public school population estimates in the
Comprehensive Plan Draft for Isle of Wight County. Mr. Fenderson
stated that it was his opinion that the projections should be
,lowered and that the County should construct two schools rather
than four.
/I
Chairman Bradby called for the Community.Development report.
W. Douglas Caskey, Assistant County Administrator/Communit
Development, presented the following application for .the Board'
consideration:
The application of the ,City of Virginia Beach .for a
conditional Use Permit to construct, operate and maintain
6
Y
s
'1
P~
i ,
1
1... ,.
~a~K 14 P~:.~7:1:1
a pipeline bridge which crosses over the Blackwater
River, between Southampton County and Isle of Wight
County,- on the Norfolk and Western Railway Company
abandoned right-of-way, west of Route 258, in Windsor
Magisterial District. These facilities in Isle of Wight
County are proposed to become a part of a project-
designed to transport up to 60 million gallons of raw
water from Lake Gaston to the Norfolk Water. System in
Isle of. Wight and Suffolk.
Mr. Caskey advised that one citizen-had voiced opposition to
the application citing that there were remaining landowners along
the course of the proposed right-of-way who had not, according to
that individual, reached a finalized agreement with the City of
Virginia .Beach, as it crosses their properties and that there was
concern relative to the retrieval of artifacts during •the
construction of the. project. Mr. .Caskey. stated the Planning
Commission recommended approval of the application by a vote of (7-
1) with one member from the. Windsor District voting in opposition.
{
;Richard Savage, lawyer of Suffolk representing Virginia Beach,
appeared and stated this Conditional Use Permit concerns only the '
river crossing. Mr. Savage continued that Southampton County had
.given. their approval and the City of Virginia Beach was now
awaiting approval from Isle of Wight County.
Supervisor Turner moved the Board approve .the application as
recommended by the Planning Commission. The motion passed by
unanimous vote (5-0).
• Mr. Caskey stated. that under separate. mailing, the Board
received a recommended listing of private. street names within Isle
of Wight County and asked for the Board's favorable consideration
of same with the exception of two roads, Basses Choice Lane and
Wells-Keen Road. Mr. Caskey advised that the two names in question
are now under discussion and will be resolved subsequently.
Supervisor Turner moved .the Board direct staff to prepare a
resolution advertising a public hearing to approve the private
street names. The motion passed by unanimous vote (5-O).
Mr. Caskey briefed the Board on circumstances occurring on
property owned by Carl C. Goodwin located ,off of Route 659 which
is off of Route 17 and south of the James River Bridge. Mr. Caskey
continued ..that on September 24, 1990, members of Community
Development staff and hazardous materials investigators made a site
visit to the property to inspect the site for potential hazardous
materials in which the hazardous materials team did confirm..
suspicions of hazardous materials being on site and, in turn,.
relayed their concerns to the Federal Bureau of Investigation and
the Environmental Agency who responded immediately. Mr. Caskey
stated that the Coast Guard was also called in to check the
surrounding. wetlands 'and waterways to determine if hazardous
materials were' seeping .into the surrounding areas. Mr. Caskey
stated the investigation commenced .the following day, September 25,
1990, where an inventory was initiated of the materials on the site
and it was determined that there were materials flowing into a pond
located on the property, adjoining property and into some of the
storm drain areas on surrounding areas. Mr. Caskey stated that on
September 26, 1990 the agencies met with the County Administrator
and Community Development staff met with the Environmental
Protection Agency and assisted them in obtaining water samples from
adjoining .properties which. will be investigated by the.
Environmental Protection Agency with pending results. Mr. Caskey
advised that Mr. Goodwin has been requested to provide a plan for
removal of the hazardous materials from his property and on October ,
4, 1990 was issued a fine. for noncompliance of the request to
remove the hazardous .materials.
Chairman Bradby questioned who would be" responsible for
7
~a~K 14 ~c~1~
payment of the hazardous material removal.
County Administrator Standish replied that the Environmental
Protection Agency would attempt to receive payment from Mr. Goodwin.
'and also the people who have deposited material on the site.
County Administrator Standish further commented that if this
failed, Federal and State funds may be available to cover the cost
of removal of hazardous material.
Mr. Caskey advised .the Board. that the County had received a
rezoning notice from the Town of Smithfield for property situated
on Route 626, also known as Carey Street. Mr. Caskey continued a
public hearing will be held by the Town of .Smithfield on October
8, 1990 for the, consideration of rezoning a 6.7 acre tract of-land .
adjoining the Pagan Creek and lying on the north side of Carey
Street from C, Environmental Conservation District, to R-1 Single
Family Residential. Mr. Caskey commented the County received this
notice because the County is -owner of the adjoining property and
stated if the Board had no objection to the rezoning, County staff
would advise the Town of Smithfield as to the Board's favorable
consideration.
supervisor Turner moved. the Board notify the Town that the
County was not apposed to the rezoning request. The motion. passed
unanimously (5-O).
Mr. Caskey introduced. Bryan David, Isle of Wight County's
Environmental Planner.
//
Chairman Bradby called ...for the County Attorney's report.
County Attorney Crook stated that when the County was revising
the motor vehicle license ordinance, the State statutes allow a
requirement by agreement with the towns that the County's personal
property taxes be paid before a town issues a town license and the
County requested the towns to adopt such an agreement which was
provided for in the County's ordinance. County Attorney Crook
advised that the Town of Windsor has adopted the agreement and
although the Town of Smithfield has not yet acted on it, they are
considering.it.
Supervisor Turner moved the Board authorize the Chairman to
sign the following agreement with the Town of Windsor.
MOTOR VEHICLES LICENSE FEES AGREEMENT
THIS AGREEMENT made this 5th day of June 1990, by and between
the COUNTY OF ISLE OF WIGHT, the TOWN OF SMITHFIELD, and the TOWN
OF WINDSOR, political subdivisions of the Commonwealth of Virginia.
WHEREAS, the General Assembly of Virginia by an Act embodied
in Section 46.2-752 of the Code of Virginia has authorized counties
and towns to levy and assess taxes and charge license fees on motor
vehicles and has further provided that any county and town within
such county may by agreement require that. all personal property-
taxes assessed by either the county or the town on any vehicle be
paid. before licensure of such vehicle by either the county or the
town; and,
WHEREAS, it is deemed. to be mutually beneficial to the parties
.hereto to enter into an agreement to require that all personal
property taxes assessed by either .the County of Isle of Wight or
the Towns of Smithfield and Windsor be paid before licensure of
such vehicle; NOW THEREFORE,
WITNESSETH -
That for and in consideration of the mutual benefits to be
8
11
1
1
P`
eo~Y 14 dh,;~~7 3
derived from an agreement pursuant to Section 46.2-752C of the Code
of Virginia requiring all personal property taxes assessed be paid
before licensors of"any vehicle, the parties hereto covenant and
agree as follows:
1. That each political subdivision, will require that all
personal property taxes assessed by either the County or the Towns
on any vehicle be paid before licensors of such vehicle by either
the County or the Towns.
2. That copies of this agreement will, be provided to the
Treasurers of the. County of Isle of Wight, the Town of Smithfield
and the Town of Windsor.
The motion to approve. the Motor Vehicles License Fees
Agreement passed by unanimous vote (5 -O).
County Attorney Crook stated he would request an Executive.
Session later in the meeting.
//
Chairman Bradby called for the County Administrator's.report.
County Administrator Standish stated that the County hac?-just
received notice of a grant award from SEVAMP in the amount of
$30,072 for health education, health screening and checking which
would supplement the Health Department's budget.
Supervisor Turner moved the Board approve the following
resolution:
II
io
RESOLUTION TO ACCEPT AND APPROPRIATE THIRTY THOUSAND SEVENTY-TWO
DOLLARS FROM THE SOUTHEASTERN VIRGINIA AREAWIDE MODEL PROGRAM
(SEVAMP) FOR AN IN-HOME HEALTH NURSE AT THE ISLE OF WIGHT HEALTH
DEPARTMENT
WHEREAS, the Board of Supervisors of the County of Isle of
Wight, Virginia, has received a grant from the Southeastern
Virginia Areawide Model Program (SEVAMP) for an In-Home Health
Nurse at the Isle of Wight Health Department; and,
WfiEREAS, the funds in the amount of thirty thousand seventy-
two dollars to be received from the Southeastern Virginia Areawide
Model Program (SEVAMP) need to be appropriated to the In-Home
Health Nurse salaries, fringe benefits, and travel and training
line items in the 1990-91 budget of the County of Isle of Wight..
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board
of Supervisors of the County of Isle of Wight, Virginia that thirty
thousand seventy-two dollars ($30,.072) to be received from the
Southeastern Virginia Areawide. Model Program (SEVAMP) be
appropriated to line 28-5130-1001, Salaries ($21,242); line item
28-5130-1019, Fringe Benefits ($7,000) and line item 28-5130-5501,
Travel and Training ($1,830) in the 1990-91 budget of the County
of Isle of Wight.
BE IT FURTHER RESOLVED that the. County Administrator of the
County of Isle of Wight, Virginia is authorized to make the
appropriate accounting adjustments in the budget for this grant and
to do all the things necessary to give this resolution effect.
The motion to adopt said resolution passed by unanimous vote
(5-0).
County Administrator Standish reminded the Board that at the
last meeting the Board .considered an outline of legislative items
for the 1991. session of the General Assembly and that based on that
discussion, a formal .proposal has been ,prepared and he is
9
~ ~ ~i
~o~oK ~.4 ~~.:~7:a.
requesting the Board's favorable. consideration of a resolution
establishing the County's .legislative proposals for the 199 1
session of the General Assembly.
Supervisor Turner.. moved the .Board approve- the following
resolution:.
RESOLUTION ESTABLISHING ISLE OF WIGHT COUNTY'S LEGISLATIVE
PROPOSALS TO BE PRESENTED TO THE COUNTY'S DELEGATION TO THE
1991 SESSION OF THE GENERAL ASSEMBLY
WHEREAS, the General Assembly considers numerous issues that
affect local governments both directly and indirectly; and,
WHEREAS, the. County of Isle of Wight has specific interest in
matters dealing generally with local governments, as well as with '
matters. directly impacting Isle of Wight; and
WHEREAS, .said interest should be shared with Isle of Wight
County's General Assembly Delegation so that it may know of Isle
of Wight County's position on these important issues.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
of the County of Isle of Wight endorses the attached legislative
proposals for the 1991 General Assembly Session and directs that
both this resolution and the. legislative proposals be forwarded to
Isle of Wight County°s General Assembly- Delegation and that the
County Administrator and his staff work with and assist the
Delegation as appropriate.
The motion passed (4-0} with Supervisor Edwards abstaining.
Supervisor Turner moved the Board adopt the. following
resolution:
RESOLUTION TO ACCEPT AND APPROPRIATE FOUR THOUSAND THREE HUNDRED
TWENTY-SEVEN DOLLARS FROM THE COMMONWEALTH OF VIRGINIA, DEPARTMENT
OF WASTE MANAGEMENT FOR THE LITTER CONTROL PROGRAM
WHEREAS, the Board of Supervisors of the County of Isle of
Wight, Virginia has been awarded a grant from the Commonwealth of
Virginia, Department of Waste Management, for the Litter Control
Program, and
WHEREAS,. the funds in the amount of four thousand three
hundred twenty-seven dollars ..($4,327} to be received from the
Commonwealth of Virginia, Department of Waste Management, need to
be appropriated to the Litter Control Program line item in the
199'0-91 budget of the County of Isle of Wight, Virginia.,
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board
of Supervisors of the County of Isle of Wight, Virginia that four
thousand three hundred twenty-seven dollars ($4,327} to be received
from the Commonwealth of Virginia, Department of Waste Management,
be appropriated to line items 28-5125-5401, Litter Control Program,
Supplies in the 1990-91 budget of the County of Isle of Wight.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the
appropriate accounting adjustments in the budget far this grant and
to do all the things necessary to give this resolution effect.
The motion to adopt said resolution passed by unanimous vote
(5-0}.
County Administrator Standish stated the Health Department
received a $5,766 cut in State funds .for the current year and
recommended that the Board consider a request from the Health
Director to continue to utilize local dollars even though the
matching State dollars have been reduced.
10
cti
pOpK ~ 4 %~~:~~
1
i~
.,
m e e ea
General Assembly to add them to the statute and the legislators
have advised them that the County needs to adopt a resolution
requesting the General Assembly to-grant the tax exempt status.
A public hearing would be necessary before adopting such. a
resolution.
Supervisor .Turner moved the Board authorize the County
Attorney to prepare a resolution and advertise it for public.
hearing. The motion passed by unanimous vote (5-0).
//
h i B db 11 d f Old Business-
Supervisor Turner moved the Board approve the request of-the
Health Director to continue to utilize local dollars. The motion
passed by unanimous vote (5-0).
County Administrator Standish stated that the Smithfield
Little Theater has requested the Board's consideration in preparing
and considering a resolutio» which would establish their tax exempt
status.
County Attorney Crook stated that he -had .advised the
S ithfi ld Littl Th ter that it would be necessary to request the
C a rman ra y ca a or
Supervisor.Edwards left the room.
AN ORDINANCE TO AMEND
THE ORDINANCE TO PROVIDE STANDARDS
FOR NAMING STREETS
County Attorney Crook explained that the Board. had previously
tabled the Ordinance to Amend the Ordinance to Provide Standards
for Naming. Streets in order to get .through the naming of the
private streets..
Supervisor Turner moved the Berard table the .Ordinance to Amend
the Ordinance to Provide Standards for Naming Streets to the
December 6, 1990 meeting of the Board of Supervisors. The motion
passed by .unanimous vote (4-O) of those members present.
Supervisor Edwardswas not present for the .vote.
f/
.Chairman Bradby called for Appointments.
There were no appointments for discussion.
//
Chairman Bradby called for. approval of the September 6, 1990
minutes of the Board of Supervisors.
Upon recommendation of County Attorney Crook, supervisor ',
Turner moved the Board approve the September 6, 1990 minutes of the
Board of Supervisors. The motion passed by unanimous vote (4-0)
of those members present. Supervisor Edwards was not present fore-
the vote.
//
County Attorney Crook requested an Executive Session pursuant
to Section 2.1-344 A of the Freedom of Information Act for
discussion with staff and counsel. concerning pending litigation
under Subsection 7, specifically the Keusal versus Lsle of Wight
County suit; discussion of personnel under Subparagraph 1,
regarding the County Treasurer. and his office; and, under
Subparagraph 1,'discussion of personnel, specifically the County
Administrator°s annual evaluation. ~
11
•
Ea~K ~.4 ~~~:r71~
At •5:00 P.M., Supervisor Turner moved .:the Board go into
Executive Session for the reasons stated by County Attorney Crook.
The motion passed by unanimous vote (5-0).
At 5:45 P.M., upon returning to open session, Supervisor
Edwards moved the Board adopt the following resolution;
CERTIFICATIO,T OF EXECUTIVE MEETING
WHEREAS, the Board of Supervisors has convened an executive
meeting on this date pursuant to an affirmative recorded vote and
in accordance with the provisions of the Virginia Freedom of
Information Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia requires
a certification by the Board of supervisors that such executive
meeting was conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i)
only public business matters lawfully exempted from open meeting
requirements by Virginia law were discussed in the executive
meeting to which this certification resolution applies, and (ii)
only such public business matters as were identified in the motion
convening the executive meeting were heard, discussed or considered
by the Board of Supervisors.
VOTE
AYES: 5
NAYS: 0
• ABSENT DURING. VOTE: 0
ABSENT DURING MEETING: 0
The motion to adopt said resolution passed by unanimous vote
(5-O).
Supervisor Turner moved the Board deny. the claim for damages
requested by Keusal and set the bond for an appeal of the claim at
$5,000.. The motion passed by unanimous vote (5-0).
Supervisor Turner moved the Board approve $2,000 to be
expended in the County Treasurer's office to reconcile the
auditor's. books with the new computer program. The motion passed.
by unanimous .vote (5-O).
Supervisor Ross moved the Board increase the County
Administrator's annual compensation by $5,000, with $2,500 of that
sum to be in deferred compensation and that the County Attorney bs
.authorized to write a letter of commendation on hehalf of the Board '
of Supervisors for County Administrator Standish°s personnel file.
The motion passed (4-1) with Supervisor Edwards voting against.
//
Beryl Perry, Treasurer, stated he was in favor of enhanced
computerization in the Treasurer's office, but was not clear why
the auditors were to rely on the computer cash balances. Mr. Perry
~' continued that the Treasurer's office would get the information on
the computer soon and, to .his knowledge, all information was in '
order for the auditors.
Mr. Perry requested time at a future Board meeting to discuss
soliciting bids for a Land Sale Attorney for delinquent taxes,
Chairman Bradby stated this could be discussed at the Board's
October 18, 1990 meeting..
12
1
1
'1
i
a
13
EO~i( 14 rh;~;'~~,~~
//.
At 5:55 P.M., Supervisor Edwards moved the Board. continue the
meeting at 7:00 P.M. The motion passed by unanimous vote (5-O).
//
Chairman Bradby reconvened the meeting at 7:10 P.M. Planning
Commission members Chandler, Cofer, Leber,. Winslow, King and Bloxom
were present.
Anthony D. Redman of Redman/Johnson Associates, Land Use
Consultant., provided a brief review of the plan and focused on .the
four issues raised at the September 20, 1990 public hearing of the
Board of Supervisors. The issues included. the development
restrictions proposed in the agricultural conservation district; .
extension of the northern growth areas around the Route 10
corridor; the. relative projection of sewer along the Route 58
corridor in the Carrsville development district; and revisions to
the population projections in light of the xecently .provided
preliminary census data.
Additional discussion ensued relative to expansion of the
northern development district to the. west and north of the town of
Smithfield. County Attorney Crook advised that, because of the
degree of change considered, another public hearing should be set
by the Board of Supervisors.
Supervisor Edwards moved the Board advertise the Comprehensive
Plan for a public hearing for the first meeting in November. The
motion passed by unanimous vote (5-0).
At 8:00 P.M., Supervisor Ross moved the Board adjourn.. The
motion passed by unanimous vats (5-0).
.~
~~~
enry Bradby, Chairman
Myles E Standish,.. Clerk
i
i
3
i.
i
i